SUDAN
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Sudan does not have a comprehensive regime in place for personal data, but it has the Electronic Transactions Act 2007 as a sectoral regulation. A data protection authority has not yet been appointed.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240709080900/https://dataprotection.africa/sudan/
- https://web.archive.org/web/20241120185557/https://sherloc.unodc.org/cld/document/sdn/2007/electronic_transactions_act.html
- https://web.archive.org/web/20241120185501/https://sherloc.unodc.org/cld/uploads/res/document/sdn/2007/cyber_crimes_act_html/Sudan_electronic_transactions_act_2007.pdf
- https://web.archive.org/web/20240927025108/https://unctad.org/topic/ecommerce-and-digital-economy/ecommerce-law-reform/summary-adoption-e-commerce-legislation-worldwide
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SUDAN
Since June 2014
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Anti-Money Laundering and Combating the Financing of Terrorism Act 2014
( قانون مكافحة غسل الأموال وتمويل الإرهاب لسنة 2014)
( قانون مكافحة غسل الأموال وتمويل الإرهاب لسنة 2014)
According to Art. 6 of the Anti-Money Laundering and Combating the Financing of Terrorism Act 2014, financial and non-financial institutions are required to keep records and data relating to customers and transactions and ensure that these records and information are made available to the competent authorities with reasonable speed. The records must be kept for a period of at least five years after the termination of the business relationship or the execution of the incidental transaction, whichever is longer. The article also stipulates that records and data relating to domestic and international transactions, whether executed or attempted, should be kept for at least five years after the transaction, and such records shall be detailed enough to allow the steps of each transaction to be tracked separately.
Coverage Horizontal
SUDAN
Since 2018
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Telecommunications and Postal Regulation Law 2018
( قانون تنظيم الاتصالات و البريد 2018)
( قانون تنظيم الاتصالات و البريد 2018)
Art. 74 of the Telecommunications and Postal Regulation Law authorises the interception, surveillance, and eavesdropping of communications. Such actions may be mandated by a prosecutor or a specialised judge. Additionally, interception may be authorised by the General National Intelligence Service, Military Intelligence, or the Federal Police. Art. 25 of the Law imposes an obligation on telecommunications operators to grant the Telecommunication and Postal Regulation Authority access to their facilities, networks, and equipment, and to allow the installation of devices necessary for performance measurement and monitoring. Reports indicate that, under this legislation, telecommunications companies are required to provide customer data to authorities upon request.
Coverage Telecommunications sector
Sources
- https://wayback-api.archive.org/web/20240121234301/https://tpra.gov.sd/tpra/wp-content/uploads/2023/12/Telecommunications-and-Postal-Regulation-Act.pdf
- https://web.archive.org/web/20230328152637/https://cipesa.org/wp-content/files/briefs/Privacy-Imperilled-Analysis-of-Surveillance-Encryption-and-Data-Localisation-Laws-in-Africa-Report.pdf
- https://freedomhouse.org/country/sudan/freedom-net/2023
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SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Sudan lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
SUDAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Sudan to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements. However, the relevant law has not been found.
Coverage Telecommunications sector
SUDAN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
12.10%
Coverage rate of zero-tariffs on ICT goods (%)
33.21%
Coverage: Digital goods
Sources
- http://wits.worldbank.org
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
SUDAN
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Sudan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). Sudan is not a member of the WTO but holds observer status.
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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SUDAN
Since June 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
(قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202)
(قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202)
Chapter 5 of the Purchasing, Contracting and Surplus Disposal Act stipulates that:
- Priority in contracting for the purchase and implementation of works shall be given to Sudanese individuals and institutions licensed to operate according to this Act (Art. 14.14);
- The Ministry may specify some works and contracts whose implementation must be entrusted to Sudanese contractors, and the projects can also be divided to allow Sudanese contractors to qualify and implement them (Art. 14.15); and
- Government agencies are required to prioritise Sudanese industries and products, provided they meet the intended purpose of the purchase (Art. 14.19).
- Priority in contracting for the purchase and implementation of works shall be given to Sudanese individuals and institutions licensed to operate according to this Act (Art. 14.14);
- The Ministry may specify some works and contracts whose implementation must be entrusted to Sudanese contractors, and the projects can also be divided to allow Sudanese contractors to qualify and implement them (Art. 14.15); and
- Government agencies are required to prioritise Sudanese industries and products, provided they meet the intended purpose of the purchase (Art. 14.19).
Coverage Horizontal
SUDAN
Since June 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
(قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202)
(قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202)
The Purchasing, Contracting, and Surplus Disposal Act has introduced several limitations on foreign participation in public procurement, including:
- Foreign bidders must use local suppliers for specific services and ensure that at least 20% of the project is carried out by Sudanese contractors (Art. 14.16).
- Contractors are also obligated to purchase necessary tools and equipment from Sudanese agents, with direct imports allowed only if items are unavailable locally (Art. 14.17).
- National products may be procured if their prices do not exceed foreign alternatives by more than 10%, with foreign products acceptable only if they meet the required specifications (Art. 14.20).
- Foreign bidders must use local suppliers for specific services and ensure that at least 20% of the project is carried out by Sudanese contractors (Art. 14.16).
- Contractors are also obligated to purchase necessary tools and equipment from Sudanese agents, with direct imports allowed only if items are unavailable locally (Art. 14.17).
- National products may be procured if their prices do not exceed foreign alternatives by more than 10%, with foreign products acceptable only if they meet the required specifications (Art. 14.20).
Coverage Horizontal
SUDAN
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Sudan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status. In fact, Sudan is not a member of the WTO.
Coverage Horizontal
SUDAN
Since May 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Investment (Encouragement) Act, 2021
According to Art. 18 of the Investment (Encouragement) Act, foreign investment is restricted in certain sectors as designated by the Minister. It is reported that such restrictions include a prohibition on foreign capital participation in most areas of telecommunications services.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231206054805/https://www.state.gov/reports/2022-investment-climate-statements/sudan/
- https://web.archive.org/web/20230330171907/https://investmentpolicy.unctad.org/investment-laws/laws/334/sudan-the-investment-act
- https://web.archive.org/web/20211231222434/https://www.dhaman.net/ar/research/%D8%A7%D9%84%D8%B3%D9%88%D8%AF%D8%A7%D9%86-2/
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SUDAN
Since May 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act 2015
According to Art. 39.2 of the Companies Act, at least one of the directors on the board of any company must be a resident of Sudan.
Coverage Horizontal
SUDAN
Since May 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Investment (Encouragement) Act, 2021
Pursuant to Art. 22.1 of the Investment (Encouragement) Act, foreign investors are required to provide a minimum amount of foreign capital. Reports indicate that this amount must be no less than USD 250,000 or its equivalent in foreign currencies approved by the Central Bank of Sudan, as proof of commitment. It is anticipated that forthcoming regulations shall clarify the specific authority to which investors must remit this amount, as the New Investment Act does not currently stipulate this. The capital provided will be allocated to financing the respective project upon the issuance of the relevant license (Art. 22.2).
Coverage Horizontal
SUDAN
Since May 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Companies Act 2015
According to Art. 33 of the Companies Act 2015, companies incorporated outside Sudan that wish to conduct business within the country must establish a branch in Sudan. Additionally, companies engaged in projects in Sudan are required to set up a branch specifically for the duration and purpose of the project (Art. 34).
Coverage Horizontal
SUDAN
Since August 1971
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Patents Act, 1971 - Act No. 58 of 1971
قانون براءات الاختراع لسنة 1971 (قانون رقم 58 لسنة 1971)
قانون براءات الاختراع لسنة 1971 (قانون رقم 58 لسنة 1971)
According to Art. 12.1 (a) of the Patents Act, the complete name and address of the patent applicant are required. The applicants with an address outside of Sudan must provide a local address for their activity within the country.
Coverage Horizontal